Divorce FAQ

Morris County NJ Divorce Attorneys

Divorce Lawyers Serving Clients in Morris County and throughout New Jersey

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Divorce FAQ’s

 

Every couple is different, which means that every divorce is unique, so the specific answers to your divorce-related questions will vary depending upon you and your spouse’s particular situation. Schedule a free initial consultation with the New Jersey divorce lawyers at Townsend, Tomaio & Newmark, L.L.C., to talk about your individual concerns today.

Answering Your New Jersey Divorce FAQ’s

What are legal grounds for divorce?

New Jersey recognizes several “at-fault” grounds for divorce, including adultery, extreme cruelty, drug addiction, habitual inebriation, imprisonment, desertion, deviant sexual conduct, and institutionalization. There are also two “no-fault” grounds for divorce: living apart for at least 18 months or “irreconcilable differences” that have lasted at least six months.

What types of alimony are available?

In New Jersey, there are several types of alimony (spousal support). These include but are not limited to:

  • Permanent alimony, which is usually only awarded in a long-term marriage where one of the parties is not able to support him or herself.
  • Limited duration alimony, which is awarded for a set period of time.
  • Rehabilitative alimony, which is also awarded for a specific period of time, but its purpose is to provide for the dependent party’s needs while he or she obtains the education or training necessary to support him or herself.
  • Pendente lite alimony, or temporary support, is paid during the divorce process in order to keep the bills paid. It is not necessarily indicative of the alimony that will be awarded when divorce is finalized.

Will I be able to keep my house and other property?

New Jersey is an “equitable division” state, which means that all property acquired during marriage will be divided equally (though not necessarily 50-50) between the spouses. The courts view marriage as a financial partnership, so even if one spouse stayed at home while the other worked, the non-working spouse’s contribution toward maintaining the household is taken into account and valued.

If keeping the marital house is important to you, our Morristown asset division lawyers can negotiate with your spouse’s attorney for a fair exchange.

Do I have to move out of the house during divorce?

No. Unless the court orders you out, you are legally allowed to remain in your home during the divorce process. However, if you are in danger of domestic abuse, or if the divorce becomes acrimonious, it may be better for you to temporarily live elsewhere.

Read more about how to select a divorce attorney, why you should retain a certified matrimonial law attorney, and how to begin the divorce process.